19 F. 653 | E.D. La. | 1884
This cause has been heard on an exception of a misjoinder of parties. The numerous libelants were steerage passengers on the libeled vessel on a voyage from Palermo to the port of New Orleans, and have joined in the suit to recover the penalty against the vessel established by the act of August 2, 1884, entitled “An act to regulate the carriage of passengers by sea,” (22 St. at Large, 186,) as well as for the recovery of further damages. The suit is a proceeding in rein, and the numerous libelants assert distinct
Judge Ware, speaking of unconnected claims of material-men, thus lays down the rule:
“Being maritime liens, there is no doubt that they may be enforced by process in the admiralty, where all may join and have their rights settled in a single suit, or may intervene for their own interest, after a libel has been filed, and have the whole matter disposed of in or under one proceeding, or one attachment, instead of having as many suits as there are creditors. ” The Hull of a New Ship, Davies, (2 Ware,) 203, 205. See, also, Judge Bett’s opinion in The Ohilde Harold, where the same rule was followed, Olc. 275.
The objection is not that the cause of each libelant is not distinctly and issuably stated, but that they are all stated in one pleading, and are in their nature separate causes of action accruing to distinct persons. In other suits the ruling might be very different, but in a proceeding in rem, in the admiralty, tills is not irregular or unauthorized, and the exception must be overruled.